POSSESSION OF DRUG PARAPHERNALIA

Possession of drug paraphernalia in Florida is a criminal offense. This crime can be brought on its own, or as a companion with other drug possession or drug sale charges. What is considered Drug Paraphernalia? Drug paraphernalia is anything that is used or intended to be used to help inject, ingest, inhale, or otherwise introduce an illegal narcotic into the body. Drug paraphernalia can also include those things that are used or intended to be used for other various drug-related purposes such as creating, containing, or concealing illegal drugs. Florida Statute 893.145 Although the term paraphernalia may conjure up images of complicated implements, the items that are considered to be paraphernalia under Florida law do not necessarily have to be complex devices.

Common examples of drug paraphernalia include:

Pipes used for smoking illegal drugs such as marijuana and crack cocaine

Roach clips

Bongs

Chillums

Scales used to weigh illegal drugs

Hypodermic syringes and needles; and

Balloons, envelopes, and other objects used to contain or conceal illegal drugs

Possession of drug paraphernalia is a first-degree misdemeanor in the state of Florida. Although, it is not a felony, this charge can carry serious consequences. A person convicted of Possession of Drug Paraphernalia can face up to one year in jail and a fine of up to $1000. In addition, a conviction for any drug related offense will often bear a stigma that can interfere with employment, leasing an apartment or home, and occupational licensing. Given these ramifications, it is important to seek the help of an experienced lawyer. Under Florida Statute 893.147(1), to convict a person of Possession of Drug Paraphernalia, the State must prove that:

1.) The individual possessed the paraphernalia. (Possession can be either actual or constructive.); and2.) The person used or intended to use the paraphernalia for an unlawful purpose.

Actual Possession vs. Constructive Possession It is important to keep in mind that under Florida law, individuals charged with Possession of Drug Paraphernalia do not need to own the paraphernalia in order to possess it. In Florida, a person can possess drug paraphernalia in two ways: possession can be either actual or constructive. An individual has actual possession when he or she has the paraphernalia on their person. This is the type of situation that most of us usually associate with possession. Someone with a crack pipe in his or her pocket or purse would be in actual possession of the pipe. However, constructive possession is a little different. This type of possession refers to the situation where an individual is aware of the paraphernalia and has the ability to exercise dominion and control over it. Law enforcement personnel do not have to catch a person in the act of using or attempting to use drug paraphernalia for its prohibited purpose. In fact, the State can attempt to prove that the person used or intended to use the object for an illicit purpose in many other ways. Some of the more common methods include the existence of drug residue on the object, testimony of those familiar with the object as to its use, and/or the object’s discovery near illegal drugs. Possession of Drug Paraphernalia cases usually derive from a search conducted by local law enforcement. The Fourth Amendment protects you against unreasonable searches and seizures. This is a complex area of the law. The Hobson Law Firm can review the facts and circumstances of your case and inform you as to whether an illegal search took place in connection with your arrest. An illegal search may result in the suppression of the drug paraphernalia evidence in the case against you. Eliminating that evidence will put you in a position to seek the possible dismissal of the charge. Other defenses against a Possession of Drug Paraphernalia charge can vary depending on the unique facts of each case.